Important legal ruling - mcdonalds wins

[Cycleon]

Notice the bold part - I wonder what that could apply to in the nutritional game as well, if the person was proven to have know it could have harmful effects.


By Gail Appleson

NEW YORK (Reuters) - In a major victory for the fast food industry, a federal judge on Wednesday dismissed a widely watched suit in which McDonald's hamburgers and French fries were blamed for children's obesity.

U.S. District Judge Robert Sweet said the plaintiffs, including a 14-year-old girl who is 4-foot-10 and 170 pounds, failed to show McDonald's Corp.(NYSE:MCD - news) products presented a danger unknown to consumers. He also cited concerns the case could "spawn thousands of similar 'McLawsuits"' against all types of restaurants.

"This opinion is guided by the principle that legal consequences should not attach to the consumption of hamburgers and other fast food fare unless consumers are unaware of the dangers of eating such food," Sweet said.

"If consumers know...the potential ill health effect of eating at McDonald's, they cannot blame McDonald's if they, nonetheless, choose to satiate their appetite with a surfeit of supersized McDonald's products."

Although the judge threw out the suit in it's entirety, he ruled the plaintiffs could refile claims in Manhattan federal court within certain limits.

Sweet also said McDonald's had rightfully pointed out that the case was the first of its kind to reach this stage in federal court and could result in thousands of copycat cases.

The suit was brought on behalf of overweight children who ate at two McDonald's restaurants in the Bronx borough of New York City. The plaintiffs sought unspecified damages, blaming McDonald's for health problems that included diabetes, coronary heart disease, high blood pressure and elevated cholesterol.

The suit was one of at least four cases filed against McDonald's and other fast food chains over the obesity issue. At least two cases have been dropped and another is dormant.

The judge noted that Americans spend more than $110 billion on fast food each year, and cited studies showing that on any given day in the United States, almost one in four adults visits a fast-food restaurant.

"The potential for lawsuits is even greater given the numbers of persons who eat food prepared at other restaurants in addition to those serving fast food," Sweet said, citing reports that show almost half of the American food dollar is spent on food eaten away from home.

He said the court had a duty to "limit the legal consequences of wrongs to a controllable degree and to protect against crushing exposure to liability."

[mammoth]

I have to comment on this!

I despise lawsuits like this. Its a way for somebody to pawn off the reason as to why he or she has become obese. The food didn't cause the person to become obese. It was the sedintary lifestyle that caused the obesity. I ate the hell out of fast food growing up and it didn't have a single adverse effect on my weight. IMO this case should have been dismissed.

If this case were successful I think I would sue dairy farms for making me too damn tall!

[symatech]

i must comment also. When i first read about this a few months ago i was appaled. First off, how stupid could you be to not realize that McDonalds isnt the healthiest food (i mean cmon, Victorian Guy and nobby had to eat there to fill their tremendous caloric intake ) no but seriously its like mammoth said. Sedentary lifestyle with unhealthy food = fat. no ifs ands or buts about it. what a joke.

[Pheedno]

I for one am glad about that ruling. Some fat ass kids parents, who were stuffing their kids face with that shit(instead of cooking healthy meals) shouldn't have a justified reason for suing the maker. Especially when health facts are required to be available. It was a poor attempt to get rich quick. The complete idea that a case like that could actually be heard chaps my hide.


As far as effects on the nutritional game. Considering most to all supps. are not monitered or regulated by the FDA like food is, their is definately a bigger risk for litigation. I could imagine a circumstance in which a supplement comapny could be held accountable for neglegence in the manufacturing of a new supplement that lead to complications or illness.

On every bottle your going to find a disclaimer advising the consultation of a health professional(which may or may not hold in court). But a lot of the time, a health professional won't give a second thought about approving use of a supp. that is thought of as harmless(or is so new it hasn't been thought of), which could end up holding that health professional accountable.

I'm actually kind of suprised it happened to Micky D's before a target that seems more susceptable, like a supp. company

[Andy]

Its people like that in society that just never make a contribution, and they continue to be friction for the rest of the people who try.
Good job judge!

[Andy]

And furthermore,
HOOOWWW stupid is it that some people get in trouble for workout supplements when there are trashy people like them making millions off of legitimate companys. Im getting madder and madder the more I picture these people in my head. Im gonna go work out now.

[zzo18]

I'm with mammoth...I ate alot of that garbage when I was growing up but had the know-how (i.e. parents) that taught me when to stop. These kind of lawsuits irk the hell out of me...

[painintheazz]

I think there should be some kind of common sense clause in the laws.

Pain

[Andy]

I wish Mcdonalds would countersuit for stupidity

[Got Gear?]

I'm glad it got dropped...

Something that wasn't mentioned.

The plaintiffs would have to prove that McDonalds was the only unhealthy food these kids were eating. No pizza, no cans of Cola.. I highly doubt that the only fatty foods these kids were consuming came from McDonalds.

[psleez65]

I'd be interested in hearing from some of the bros from other countries(not USA). Do you guy think some of the B.S. that goes on in our legal system is just that? Does it happen in your courts? As someone that is rapped up in the US system right now I'd be interested in some feedback.

[Got Gear?]

Originally posted by psleez65
I'd be interested in hearing from some of the bros from other countries(not USA). Do you guy think some of the B.S. that goes on in our legal system is just that? Does it happen in your courts? As someone that is rapped up in the US system right now I'd be interested in some feedback.

I CANNOT BELIEVE ALL OF THE FRIVILOUS LAWSUITS GOING ON IN THE US!!

It makes me sick. Everyone's out to blame someone else for their problems or to make a quick buck!

In Canada, our judicial system is very similar to that of the US, except for 1 difference that really cuts down on the worthless lawsuits. Basically, it boils down to: If you sue someone and loose, the person whom you sue is automatically eligeable to counter-sue for court&lawyer fees, time off work, etc caused by the lawsuit. If your case is thrown out (like in the McDonalds Trial), the countersuit is almost always accepted...the big part is negotiateing how much will be reimbursed.

I believe in the US, you have to start a new "harassment" lawsuit that you probably wouldn't win unless this same person has taken you to court multiple times for "stupid little things".

[FedSki]

There's a lot of talk about similar lawsuits in the UK. The media here point the finger at the US (and they're probably right to) as the US are often seen to be leading by example.

I really feel that individuals who cannot take the blame for their own stupidity, like in this case, should be heavily fined. It would soon stop such assholes starting legal proceedings.

[platinum]

add me to the list of people who are SSOOO Damn glad it got dropped!

[Roidaholic]

I think we all concur on the subject, so on to more important matters. Whos gonna be having multiple cheat days now that their Mcrib is back?

Roid